1 Criminal Bail application No.
164/2024
Exh. No. 1
ORDER BELOW EXH. 1 IN CRIMINAL BAIL
APPLICATION No. 164/2024
CNR-NO.MHBI010005052024
(Delivered on 27/02/2024)
Aakash Walmik Karad,
Age - 18 years, Occupation- Agriculture,
R/o. Ghogaspargaon, Taluka Shirur Kasar,
District Beed Applicant
VERSUS
1] State of Maharashtra
2] A. B. C. Respondents
Application for grant of bail under Section 438 of the
Code of Criminal Procedure, 1973
Shri. V. S. Sanap Ld. Advocate for the applicant
Mr. A. B. Tidke Ld. APP for the State
1] Applicant/accused filed present application under Section
438 of Cr.P.C. for grant of anticipatory bail in connection with CR No.
353/2023 registered at Chaklamba Police Station, District Beed for the
offences punishable under Sections 354, 354-D, 506 of IPC and under
Section 8 and 12 of the POCSO Act.
Brief facts of the prosecution case are as under :
2] The victim is 15 years daughter of the informant studying in
SCC. It is alleged that on 29/12/2023, while the victim was going to her
school, the applicant/accused followed her, he pulled her Dupatta, he
said her he liked her and he asked her to elope with him, otherwise, he
will kill her and her parents. The applicant/accused continuously
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Exh. No. 1
following the victim, therefore to fed up with the harassment of the
applicant/accused, she consumed insecticides. Due to which, she was
having vomiting and giddiness. The victim was shifted in the private
hospital and thereafter, FIR came to be lodged against the applicant/
accused.
3] The Ld. Advocate for the applicant/accused argued that the
victim is major and completed 18 years of her age. The parents of the
victim has suspicion on her as there was whisper in the village in
respect of friendship between the applicant/accused and victim. The
parents of the victim may torture her. Only to pressurize the applicant/
accused he has falsely implicated in the present case. He is ready to
co-operate with the investigating agency and ready to abide the
conditions imposed by the Court. Hence, he prayed to release him on
bail in the event of his arrest.
4] Ld. APP argued that in the present case, investigation is
still in progress. The applicant/accused was continuously following the
victim, due to his torture, she consumed the poison. If, the applicant/
accused released on bail, he may commit more heinous act on the
victim. Hence, prayed to reject the application.
5] Inspite receipt of notice, intervenor is not appeared.
6] It is the case of stalking and threatening to victim girl. It
transpired from the investigation papers on 29/12/2023 at 11:00 a.m.,
the victim was admitted in the private hospital for consumption of
3 Criminal Bail application No. 164/2024
Exh. No. 1
unknown poison. Thereafter, she was transferred to higher center. The
applicant/accused is 21 years old. Considering the nature of offence,
nothing is to be recover from him and for investigation purpose, his
presence can be secured by imposing condition of attendance. Hence,
I proceed to pass the following order.
ORDER
i] Anticipatory bail application is hereby allowed.
ii] In the event of arrest of the applicant/accused Aakash
Walmik Karad, be released on bail in connection with
Chaklamba Police Station, District Beed in C.R. no.
353/2023 on his executing P.B. and S.B. of
Rs. 15,000/- with one local surety of like amount, on
following conditions.
a] He shall not tamper with the prosecution evidence
and shall not pressurize the prosecution witnesses.
b] He shall attend Police Station on every Friday and
Sunday between 05:00 p.m. to 08:00 p.m. and
whenever called by the Police for facilitating the
investigation for two month or till filing charge-sheet
whichever is earlier.
c] He shall furnish his permanent residential address
before Investigating Officer. He shall also furnish their
copy of Aadhar Card.
d] He shall not to enter in the village of the victim i.e.
Ghogaspargaon till filing of the charge-sheet.
e] Violation of any condition, his bail shall automatically
stands canceled.
f] Inform concerned Police Station accordingly.
'Pronounced in open Court'
Sd/-
( S. R. Patil )
Date : 27/02/2024 Additional Sessions Judge Beed
4 Criminal Bail application No. 164/2024
Exh. No. 1
CERTIFICATE
I affirm that the contents of this P.D.F. file Judgment/order are
word to word, as per the original Judgment/order.
Dictated on : 27/02/2024
Transcribed on : 27/02/2024
Checked and signed on : 27/02/2024
Sd/-
(G. N. Ghayal)
Stenographer Grade I
